Social insurance status arises by operation of law, not solely on the basis of Article 67 of the Constitution.
Legislator summary
AI generatedThe Supreme Court dismissed Horst K.'s cassation appeal against the Agricultural Social Insurance Office's decision to terminate his social insurance coverage. The court found that although K. paid contributions while receiving a disability pension, the applicable laws at the time explicitly excluded pension recipients from mandatory social insurance. Consequently, the court ruled that the statutory obligation to insure overrides voluntary contributions, and the Constitution does not independently create the insurance relationship.
Legislator headnote
AI generatedArt. 67 ust. 1 zd. 2 Konstytucji; Art. 24 ustawy o ubezpieczeniu społecznym rolników; Social insurance status arises by operation of law and is not established merely by the payment of contributions when statutory provisions exclude the insured person.